In Re Elizabeth Beck Hoisington Living Trust
Appellant appeals the trial court’s determination that settlor’s holographic notations on her trust agreement did not operate to modify the original trust. Specifically, the trial court held that settlor neither satisfied the requirements for modification of the trust as set out in the trust agreement, nor manifested a clear intent to amend the trust under Tennessee Code Annotated Section 35-15-602(c)(2)(B). Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Joe David Erwin, et al. v. Great River Road Supercross, LLC, et al.
At oral argument, the parties agreed that the trial court made a finding concerning the reliance element of Appellants’ fraud claim that was not supported by the record. Accordingly, we vacate the trial court’s order and remand the case for further proceedings. |
Dyer | Court of Appeals | |
Corey M. Searcy, et al. v. Walter Axley, et al.
Parents filed suit against dog owners following their son’s injury from a dog bite that occurred at the owners’ home. The trial court granted the dog owners’ motion for summary judgment, concluding that parents failed to show that owners knew or should have known of their dog’s dangerous propensities as required by Tennessee Code Annotated section 44-8-413. Finding no error, we affirm the trial court’s judgment. |
Benton | Court of Appeals | |
Mark T. Thomas v. Richard J. Myers, et al.
This is a legal malpractice case. Appellees, who are licensed attorneys, represented Appellant in a trademark infringement and consumer protection lawsuit in federal court that resulted in a judgment against Appellant. On October 21, 2015, more than a year after the federal court judgment, Appellant filed a complaint for misrepresentation and negligence against Appellees. The trial court interpreted Appellant’s claims against Appellees as a legal malpractice action and granted Appellees’ motion for summary judgment on the ground that the one-year statute of limitations had expired prior to commencement of the action. Tenn. Code Ann. § 28-3-104(c)(1). We affirm the trial court’s judgment and remand. |
Shelby | Court of Appeals | |
Tray Simmons v. John Cheadle, Et Al.
This appeal involves a dispute between a judgment debtor and the attorneys for the judgment creditor. In an effort to collect on a final judgment, attorneys for the judgment creditor served the judgment debtor with a notice of deposition. After some discussion, it became clear that the debtor failed to bring the requested documents with him to the deposition, and the attorneys for the creditor refused to go forward with the deposition that day. The debtor then filed this separate lawsuit, pro se, against the creditor’s attorneys alleging that they had taken an “unlawful deposition” of him. The trial court granted summary judgment in favor of the attorneys for the judgment creditor. We affirm. |
Davidson | Court of Appeals | |
Dianne Elizabeth Lutzak, Trustee Of The Dianne Elizabeth Lutzak Family Revocable Trust v. Phoenix American Development Partners, L. P. Et Al.
The owner of undeveloped property sought a declaratory judgment that restrictive covenants governing an adjacent subdivision did not apply to its property. The developer of the subdivision and the homeowners’ association of the subdivision filed counterclaims seeking a declaratory judgment that the restrictive covenants applied to the undeveloped property and attorney’s fees and costs. On cross-motions for summary declaratory judgment, the trial court granted summary declaratory judgment to the owner of the undeveloped property. On appeal, the defendants argue that the trial court erred in finding no express restrictive covenants applicable to the undeveloped property and in refusing to enforce negative reciprocal easements by implication from an alleged common development plan. We conclude that the restrictive covenants, by their express terms, do not apply to the undeveloped property. We further conclude that the trial court properly declined to impose negative reciprocal easements on the undeveloped property. Thus, we affirm. |
Williamson | Court of Appeals | |
George Metz, Et Al. v. Metropolitan Government Of Nashville And Davidson County, TN, Et Al.
This appeal concerns a determination by the Planning Commission (“the Commission”) of the Metropolitan Government of Nashville and Davidson County (“Metro”) that the Forest View Park planned unit development was “active.” Certain Forest View neighbors (“Petitioners”) filed a petition for writ of certiorari against respondents Metro and The Ridge at Antioch, Limited Partnership (“Respondents,” collectively) in the Chancery Court for Davidson County (“the Trial Court”) challenging the Commission’s decision. Metro filed a motion to dismiss. After a hearing, the Trial Court entered an order dismissing the petition for writ of certiorari for lack of jurisdiction. The Trial Court found fatal defects in the petition for writ of certiorari, including that it was not supported by oath as required. Petitioners appeal to this Court. We affirm the judgment of the Trial Court. |
Davidson | Court of Appeals | |
James Davis d/b/a Davis Auto Repair v. Tennessee Board of Water Quality, Oil, & Gas
After Appellant failed to comply with the terms of a storm water permit issued to him, he was fined $5,000.00 by the Tennessee Department of Environment and Conservation. The fine was upheld by an administrative law judge and, upon judicial review, by the Shelby County Chancery Court. For the reasons stated herein, we affirm. |
Shelby | Court of Appeals | |
Belinda Butler Pandey v. Aneel Madhukar Pandey
This action presents issues regarding the interpretation and application of a postnuptial agreement previously executed by parties who later filed for divorce. The trial court determined that the parties’ agreement was valid and enforced its terms, including a provision allowing for an award of attorney’s fees to a prevailing party who was attempting to defend the agreement. The trial court granted the wife an award of attorney’s fees pursuant to this provision. In addition, the husband filed two motions seeking the trial judge’s recusal, which the trial court denied. The husband timely appealed. Discerning no reversible error, we affirm the trial court’s judgment. We further determine that the wife is not entitled to an award of attorney’s fees incurred on appeal. |
Davidson | Court of Appeals | |
Raymond Hunter, Jr. v. City Of Chattanooga Beer Board
The petitioner seeks reversal of the denial of a beer permit by the city. City’s board asserts that the property is unsuitable for a beer permit as it has lost its zoning status as a “grandfathered in” restaurant, bar, or event hall. The trial court affirmed the board’s action. The petitioner filed this appeal. The trial court lacked subject matter jurisdiction to consider it. We vacate the trial court’s order and dismiss this case. |
Hamilton | Court of Appeals | |
Jonah Paul Anders v. Mayla Anders
Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
In Re Brennen T.
This appeal involves the termination of a mother and father’s parental rights to their minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of each parent’s parental rights on the statutory groundof abandonment for failure to remit child support. The court further found that termination of each parent’s rights was in the best interest of the child. The parents appeal. We affirm. |
Robertson | Court of Appeals | |
In Re Lyric A.
This appeal arises from the termination of Mother’s parental rights with respect to her minor child. Father and Grandmother jointly filed a “Petition for Termination and Adoption” to terminate Mother’s parental rights and to allow Grandmother to adopt the child without terminating Father’s parental rights. The trial court granted the petition and Mother appeals. We have determined that petitioners do not have standing to petition the court to terminate Mother’s parental rights in order to allow Grandmother to adopt the child without terminating Father’s parental rights. Therefore, we reverse and remand with instructions to dismiss the petition for lack of standing. |
Warren | Court of Appeals | |
Raymond Cass Ballard v. Gertrude Cayabas
Father filed a petition to change primary residential parent and for civil and criminal contempt. Because there was no material change of circumstance that affected the wellbeing of the child, we affirm the trial court’s dismissal of Father’s petition. We also affirm the trial court’s decision not to find Mother in civil contempt. |
Dyer | Court of Appeals | |
In Re: Estate of Donald Carl Battle
This is a partition case. Appellants petitioned the trial court to order a partition sale of property they own as tenants in common with Appellee. The court ordered the property to be appraised and, upon receipt of the appraisal, held that the Appellee could buy out Appellants’ interest in the property for their portion of the appraised value. Appellants appeal the trial court’s failure to order a sale of the Property in accordance with Tennessee Code Annotated section 29-27-201. We reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Appeals | |
Bradley Jetmore v. Metropolitan Government of Nashville & Davidson County, Tennessee
A petitioner seeking to inspect and obtain copies of traffic accident reports prepared by the Metropolitan Nashville Police Department (“MNPD”) “promptly,” as required by the Tennessee Public Records Act (“TPRA” or “the Act”), filed a petition for injunctive relief. The trial court granted the petitioner the relief requested, and the Metropolitan Government of Nashville and Davidson County (“Metro”) appealed. We affirm the trial court’s judgment. |
Davidson | Court of Appeals | |
Donnie Trammell, et al. v. D'eddrick Peoples, et al.
This is a negligence action concerning injuries sustained from an accident. The trial court granted summary judgment in favor of the defendants. We reverse. |
Davidson | Court of Appeals | |
William August Lockler, III v. Pamela Michelle Barr Lockler
This case involves the interpretation of a divorce judgment. William August Lockler, III, and Pamela Michelle Barr Lockler were married on January 3, 2002, and divorced on September 6, 2007. In its judgment, the original trial judge, the Honorable Jean A. Stanley, ordered that “If [wife] is entitled under federal law to receive any portion of [husband’s] military retirement benefits[,] then she is awarded one-half (1/2) of those benefits earned during the parties’ marriage.” After husband retired from military service in December 2014, wife filed a petition on February 20, 2015 to reopen the divorce judgment. She sought one-half of husband’s military retirement that had accrued during their marriage. The trial court granted wife’s petition, holding that Judge Stanley awarded wife a portion of husband’s military retirement benefits. Husband appeals, arguing that wife is not entitled to a portion of his benefits because she is only eligible to receive the benefits under federal law and does not have a right to them. We hold that the trial court correctly concluded that the original trial judge intended to award wife onehalf of husband’s military retirement that accrued during their marriage. Accordingly, we affirm. |
Washington | Court of Appeals | |
Estate of Evelyn Sample v. Life Care Centers Of America, Inc., Et Al.
The Estate of Evelyn Sample (“the Estate”) appeals the March 13, 2017 order of the Circuit Court for Bradley County (“the Trial Court”) granting summary judgment to Life Care Centers of America, Inc. and Life Care Center of Cleveland (collectively “Life Care”) in this health care liability action. We find and hold that Life Care made a properly supported motion for summary judgment negating an essential element of the Estate’s claim, i.e., causation, and that the Estate failed to produce evidence showing a genuine issue of material fact. We, therefore, affirm the grant of summary judgment to Life Care. |
Bradley | Court of Appeals | |
In Re Estate of Marjorie Ross Potter
Beneficiary of decedent’s estate appeals the judgment holding that the executor did not breach his fiduciary duty in administering the estate and the award of a fee to the executor. Upon a thorough review of the record, we affirm the decision of the Probate Court. |
Shelby | Court of Appeals | |
Jesus Vidal Rodriguez, et al. v. Bridgestone/Firestone North American Tire, LLC, et al.
This is an appeal from a jury verdict in favor of the defendants in a products liability action arising out of a deadly vehicle crash in Mexico. The accident was allegedly caused by a separation of the tire tread and resulting blow-out and vehicle rollover. The decedent’s son, daughter, and mother brought suit against the manufacturers of the tire and SUV. The case went to trial, and the jury returned a verdict in favor of the defendants. Plaintiffs appeal an instruction the court gave the jury on contributory negligence and several evidentiary rulings. Finding no reversible error, we affirm the judgment. |
Davidson | Court of Appeals | |
Arium Shelby Farms v. Nedra Drayton
Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
Johnny Moffitt v. Orbin McPeake, et al.
A man convicted of aggravated assault filed suit for malicious prosecution against the other three persons involved in the altercation that led to his conviction. The trial court determined that the statute of limitations had run on the malicious prosecution claim. We affirm on a different ground: the plaintiff has no claim for malicious prosecution because the aggravated assault case has not been terminated in his favor. |
Henderson | Court of Appeals | |
Gary Wayne Garrett v. Tennessee Board of Parole
This appeal involves an incarcerated inmate’s filing of a petition for writ of certiorari, claiming that the Tennessee Board of Parole acted arbitrarily and without material evidence in denying his request for parole. The respondent filed a motion to dismiss, claiming that the time for filing such a petition had passed. The trial court dismissed the petition as untimely. The petitioner appeals. We reverse and remand for further hearing. |
Davidson | Court of Appeals | |
Jerry L. Lawrence, Et Al. v. Chattanooga-Hamilton County Hospital Authority, Et Al.
This appeal involves an employment discrimination and retaliation lawsuit initiated by former employees of a hospital’s Security Services Department. The trial court granted summary judgment to the hospital defendants on all claims, holding that plaintiff employees had failed to establish a prima facie case of discrimination or retaliation. The employees appeal. We affirm. |
Hamilton | Court of Appeals |
